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Justices uphold a narrow version of patent assignor estoppel

SCOTUSBlog

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. On this front, the court largely embraced the middle ground the government advanced in a friend-of-the-court brief.

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Tandon steals Fulton’s thunder: The most important free exercise decision since 1990

SCOTUSBlog

Instead, the theory posits, the existence of any such exemptions for “favored” activity triggers a presumptive right to a religious exemption that the government can only deny if it satisfies strict scrutiny. For the court to overrule Smith now, it would have to overcome the stare decisis effect of both Smith and Boerne.

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Animal rights and the First Amendment, due process and a confession of error

SCOTUSBlog

McCall , a tire manufacturer resists Georgia courts’ exercise of jurisdiction on the basis of the state’s registration statute for foreign corporations. The government has filed a confession of error, agreeing the offense does not qualify. In Cooper Tire & Rubber Company v. Goertz , 21-442.

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Justices to consider international reach of U.S. trademark law

SCOTUSBlog

The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. Citing an academic article by then-professor Amy Coney Barrett, Abitron further suggested that the Steele case should be overruled outright notwithstanding the principle of statutory stare decisis.

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Preclusion; Customer Lawsuits; and the Kessler Doctrine

Patently O

The Supreme Court has now issued a Call for the Views of the Solicitor General (CVSG)–seeking the government’s input on whether to hear the case. Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Eldred , 206 U.S. 285 (1907). Eldred , 206 U.S.